Litigation Lawyers in West Milton

In West Milton, Ohio, civil litigation is not meant to punish wrongdoers, at least that is not its main purpose. Alternatively, it is designed to ensure that the victims of wrongdoing are given compensation for the harm they've suffered.

There is an exception to this basic rule, however: in certain cases, a court in West Milton, Ohio will award damages designed to punish the wrongdoer, and deter others from future wrongdoing. This practice is identified as "punitive damages."

In West Milton, Ohio, punitive damages are not awarded in many cases. This is because the civil litigation system highly disfavors giving money to plaintiffs in amounts disproportionate to the injuries they have suffered. Nonetheless, in some cases, the conduct of the defendant is so reprehensible, that simply punishing the defendant is a worthy goal, and this interest outweighs the preference against giving civil plaintiffs financial windfalls.

Conduct that can give rise to punitive damages in West Milton, Ohio

Personal injury litigation doesn't typically carry with it the possibility of punitive damages in West Milton, Ohio, because typically personal injury cases stem from harm that was caused accidentally, not deliberately. Accidental harm is not enough to warrant an award of punitive damages in West Milton, Ohio.

Punitive damages in West Milton, Ohio are only awarded in the most extreme cases. Fraud, theft, assault, battery, and other intentional, immoral acts are grounds for punitive damages. West Milton, Ohio courts will consider various factors in considering whether or not to award punitive damages. For instance, the court might employ a sliding scale that weighs the immorality of the defendant's behavior against the actual harm that it caused to the plaintiff, and calculate damages accordingly.

Nonetheless, in West Milton, Ohio, the law places limits on punitive damages. The U.S. Supreme Court has ruled various times that punitive damages cannot be grossly disproportionate to the evil nature of the conduct, and the injuries that the defendant suffered. If they are disproportionate, punitive damages might be considered a deprivation of the defendant's right to due process of law.

Punitive damages in West Milton, Ohio typically cannot surpass 10 times the amount of actual damages suffered by the plaintiff. Nonetheless, this is just a guideline, and not a strict rule. Courts in Ohio have found larger punitive damage awards to be perfectly valid, and smaller ones to be invalid. This will be strongly dependent on the facts of each case.

How Can a West Milton, Ohio Attorney Help?

The law of West Milton, Ohio doesn't lay out many strict conditions which are necessary before punitive damages can be authorized. Instead, it largely leaves it to the discretion of the courts. So, there are various situations where they might be awarded.

If you are engaged in a case in West Milton, Ohio where punitive damages are a possibility, a very large amount of money could be at stake, whether you are the plaintiff or defendant. You should not delay to speak with a civil litigation attorney in West Milton, Ohio